High Court Wellington
13, 21, 24 March; 24 June 1930
Myers CJ; Herdman J; Blair J; Smith J; Kennedy J
13, 21, 24 March; 24 June 1930
Myers CJ; Herdman J; Blair J; Smith J; Kennedy J
Will — Native Will — Construction — Estate consisting partly of Native Freehold Lands and partly of Personalty — Jurisdiction of Supreme Court to construe — Direction to Trustees to pay One-eighth of Yearly Income to Half-brother to use in his absolute Discretion, "I knowing that he will see to the Care and Maintenance of my Dear Wife" — Words not sufficient to create Precatory Trust in favour of Widow — Direction to pay "Rest" of Income to named Beneficiaries — On Death of Half-brother Eighth Share of Income held to fall into "Rest" of Income — Native Land Act, 1909, ss 2, 24 (1) (a) (e), 59, 60, 148, 149, 150, 152, 154, 440 — Native Land Amendment Act, 1913, ss 66 (2), 126, 129 — Native Land Amendment and Native Land Claims Adjustment Act, 1929, s 16.
Loading... Please wait...
